The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1887-12-19
GIANTS SMOKING JACKETS.
FIJI supREMK U
Important Decisions Rendered at Nash.
willie Saturday.

Important Decisions Rendered at Mash
willie Saturday.
Special Dispatch 20 the Appeal
NASHVILLE. Tenn. dec. rs. Among the
important supreme court decisions ycsicr-
day wcre these
by Tuncy, G.. j.: Charles G. Schrinpf
W. Tennessee Manufacturing comwny;
contract forfeiture. 4 clause IN a con
tract OF employment between u manu-
featuring company and un rnplovc rcquir.
ing that hc should give two week. notice
ut his intention 10 quit the employ Ut the
company, and providing that u hc quits
without doing NJ whatever wages may bc
due at the time ot leaving nrc Ia be- taken
a. liquidatcd damages ior breach II the
| contract, n void. because unreasonable
! and the penalty wholly disproporiiunatci 10
the luss sustained. Acontrirt agreeing on
u fixed sum ~ liquidalcd damages pro-
portiuncd to the l1,s would hc sustained.
Judgment reversed and judgment for
plaintiff.
by Folkcs, judgr; Turbcyillc ". Nol-
cnsyillc Turnpike company nnd Bush.
Unless "a highway Il restricted In
H. dedication 10 The public to some
snccinl usc, it il not limited Ia the
means n loc1moiion In vogue ut thc time
of IN dedication. New and useful appli.
ancpH have n right tO pass over them. even
| though In their introduction, AMI bolorr
hOnrs or other animals Became urru..
| toned 10 them. they may ctusr fright aud
positive injury. The highest degtrc oi
! diligence l. required Of those Introducing
such n machine ON tile highway.
and they must use means equal
Ia The emergency TO lcsacn the Ian.
grr 10 the minimum. A traction engine
is not q nuisance PCT sr, aud 4 entitled "a
pass over the public pads. provided " he
properly managed aud due cufc iukru IA
pptycnt the iurht ui animal. mud no artiun
lies iur an injury caused hy 10, mlrss Il
happened through negligence in o. opera.
ton. The change 81 the rnurt nn this ioinl
W.. ourract. The prlpl establishes that the
hands with the engine made every mason.
able cndrnyor In thcir power tu prevent
the accident. and the Judgment u nrr1pl.
ingly affirmed, Tumcy, chief justice, dis
scntiug.
Mc,iuip. scouins & Co ". louisville
4 Nashville milrpni company. A lnu,
lot ui lard was shipped from lndiuunpuli,
over thp louiayillc \ Nashville mad. con.
signed tp plaintiffs. and wus dcsip,,d NJ
thc burning ~ their depot No Nashville. uf
january ~, 1885, which, plaintiffs claim
was caused 10y the railroads negligence
On the trial testimony was admitted {,
show that engines were accustomed tp cu
ter the freight nom when fall oi ruwhus
tihlo material. with no adequate pritrr
ton against iir; thut the general chnmc
ter Tor sDhriciy ot some al the CmIloyc
around the depot was was lad, au,
, that one OF them WIS drunk nj
the night ol the fin, and that m
stove used b. heat The nllcc Whow the ft
originated was very defective and had p,
yiouHly fallen down from iis " weight
. and any one WIS allowed to feed H.. Al
D those facts were admissible TO establish a.
= negligence on the part Of .hc railroad
y whVrc their effect was explained ana
qualified ~ done In the ciurr ~ th
court. Under the contract m the bHf ,
, lading. the liability Of the railroad ~
. common carrier Cca~cd. aud H. lialilit
. became that Of q wawhouscman When ia
= goods wcc unloaded NJ their destination
II was not u grntuitous hailec. but u wan
4 houscman tot hire, and the proof SHOWN
Ia fright depot 20 have been below IN
! usual standard Of warehouses for hire nm
: without the ordinary appliances for g,
, tinguishing fires Mas compOtcnL Judi
, mcnt affirmed.